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Employment Law Blog

Perez v. Mortgage Bankers: DOL Powers and Overtime Protections for Mortgage Loan Officers

In Perez v. Mortgage Bankers Ass’n, 575 U.S. 92, 135 S. Ct. 1199 (2015), the Supreme Court held that an agency, like the Department of Labor, is not required to use notice-and-comment procedures when it wishes to issue...
•October 12, 2021•
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tim coffield - bowman

Bowman Claims: Virginia Wrongful Termination in Violation of Public Policy

Under Bowman v. State Bank of Keysville, 229 Va. 534, ​​331 S.E.2d 797 (1985), an at-will employee in Virginia may bring a common law claim of wrongful discharge if the employee’s termination violates Virginia’s public policy. While these...
•September 18, 2021•
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tim coffield - Mitchell v. Kentucky Finance Co

Mitchell v. Kentucky Finance Co.: Overtime Protections for Loan Officers

In Mitchell v. Kentucky Finance Co., 359 U.S. 290 (1959) the Supreme Court held that the business of making personal loans to individuals does not constitute “sales of . . . services” by a “retail or service establishment,”...
•September 17, 2021•
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Ex Parte Young: A Partial Way Around Sovereign Immunity

The Supreme Court’s decision in Ex Parte Young, 209 U.S. 123 (1908), stands for the principle that sovereign immunity does not prevent people harmed by state agencies acting in violation of federal law from suing the officials in...
•August 25, 2021•
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Virginia Employment Records Law: Guaranteeing Employees the Right to Receive Copies of Pay Records

The Virginia Employment Records Law (“VERL”), VA Code § 8.01-413.1, requires employers to provide employees upon request with copies of all records reflecting the employee’s wages or salary during their employment, and certain other categories of records. The...
•August 15, 2021•
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